Freedom of Expression and the Project of Constitutional Transformation in Kenya

Présentation

The Constitution of Kenya, 2010 marked a deliberate break from a repressive political past, committing the country to a transformative constitutional order grounded in human dignity, democracy, the rule of law and respect for fundamental rights. This book examines the place of freedom of expression within that transformative project, tracing its historical development, its scope and limitations under Kenyan and international law, and its relationship to the wider goals of the 2010 Constitution. It argues that while the Constitution provides a framework capable of supporting genuine transformation, restrictions on freedom of expression found in statute, common law and judicial precedent continue to undercut the protection of the right, and that some of these restrictions fail to meet constitutional standards. Combining historical, theoretical and comparative analysis, the book offers a critical assessment of Kenya’s constitutional journey and the indispensable role freedom of expression plays in sustaining it, making it a valuable resource for scholars, legal practitioners and policy makers engaged with constitutionalism in Africa.

Caractéristiques